Los Angeles CPS lawyer FAQ: what parents ask us

Three things, today: (1) write down the social worker's name, the date, and exactly what you were told; (2) get the names and phone numbers of relatives who could take placement; (3) call a CPS defense lawyer before you talk to DCFS again. The detention hearing comes within days, and what you say and do before it matters more than anything that comes after.

Many parents do. Children come home at the detention hearing when the county can't show a substantial danger, at disposition when the court finds supervision at home is enough, or after reunification services when the case plan is completed. Every case is different and no lawyer can promise a result, but the parents who get their children back fastest are the ones who prepare for the first hearing instead of the last one.

Los Angeles is in Los Angeles County, so child abuse and neglect investigations are handled by the Los Angeles County Department of Children and Family Services, usually called DCFS. When people here say "CPS," they're almost always talking about DCFS. If a social worker contacted you, that's the agency you're dealing with.

Only in a true emergency. Under Welfare and Institutions Code Section 306, a social worker may remove a child without a court order only when there is immediate danger and no reasonable way to protect the child at home. Otherwise DCFS must get a removal order from a juvenile court judge. If your child was taken, you have the right to challenge the removal at the detention hearing.

No. Unless the social worker has a court order or a warrant, or there is a genuine emergency, you are not required to let them in. You can politely decline and say you want to speak with an attorney first. Letting a social worker in without proper authority can weaken your position later.

Los Angeles County juvenile dependency cases are heard at the Edmund D. Edelman Children's Court, 201 Centre Plaza Drive, Monterey Park, CA 91754. Detention hearings are typically on the morning calendar. Arrive early and expect security screening.

Under Welfare and Institutions Code Sections 313 and 315, the petition must be filed within 48 hours of removal, excluding weekends and court holidays, and the detention hearing must be held by the end of the next court day after that. If DCFS misses that deadline, the child must be released. This hearing is your first and best early chance to bring your child home.

Court-appointed attorneys at Edmund D. Edelman Children's Court carry very heavy caseloads and often meet clients minutes before the hearing. A dedicated private CPS defense attorney can give your case real attention: challenging the allegations, catching errors in the DCFS report, preparing witnesses, and fighting for your children at every hearing. With nearly 40 years in California dependency court, our firm brings that focus from day one.

It's the trial on the petition. County counsel has to prove the allegations by a preponderance of the evidence; if the judge finds them true, the court takes jurisdiction over your child. This is where a prepared attorney can get allegations dismissed or reduced, which changes everything that follows, including what your case plan requires.

For a child under three at removal, generally six months of services, which can be extended; for a child three or older, generally twelve months, with a possible extension to eighteen. The clock runs from the disposition hearing. Progress on the case plan and consistent visits are what the court looks at when deciding whether to extend or end services (Welfare and Institutions Code Section 361.5).